Admin | Unlocking the Future — Essays & Academic Insights

25Oct 2018 by Reese Bannister

The History of the Law of Limitation in India (The Limitation Act, 1963)

Trade

“Under the Hindu Jurisprudence there was only a law of prescription and now no Law of Limitation as such. For the acquisition of title by prescription, a period of 10 years was laid down by certain smriti writers, though others differed regarding the length of the period.The main occupation of the people being agriculture and there being very little of commerce or trade, concentration was more on the land and the rights therein. This was the position not only in Hindu society but also in other countries; thus in England, before the James Statute of 1623 there was no specific law of limitation.Before 1858, two systems of law of limitation were administered by the Courts in India. In the territories within the original jurisdiction of the Courts established by Royal…

25Oct 2018 by Reese Bannister

Difference between Abetment and Attempt to Commit a Crime (Indian Penal Code, 1860) – Answered!

Essays

Abetment and attempt: Although both are indictable offences they differ in certain respects. In the first place, in abetment the offence is complete in itself within the meaning of section 40, I.P.C., while an attempt to commit the offence is not completed. If the act is completed there would no more be an attempt but the offence itself. It is only when the object to commit an offence fails that the accused is guilty of attempt to commit that offence. Image Source: cdn.shareyouressays.comIn the second place, abetment may be committed in evil ways mentioned in section 107, viz., instigating any person, engaging with one or more other person or persons in any conspiracy for the doing of a thing, or intentionally aiding, by any act or illegal omissions, the doing…

25Oct 2018 by Reese Bannister

Difference between "preparation to commit an offence" and "attempt to commit an offence"(Indian Penal Code, 1860)

Government

Attempts to commit offences: Section 511 lays down that “whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, are in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, with such fine as is provided for the offence, or with both.” Image Source: cdn.shareyouressays.comThe points which require proof under the above section are (1)…

25Oct 2018 by Reese Bannister

What is the difference between Criminal Misappropriation and Theft under Indian Penal Code, 1860

Government

The offence of criminal misappropriation consists in dishonest misappropriation or conversion to his own use any movable property. [S. 403], it takes place when the possession has been innocently come by, but by a subsequent change of intention, or from the knowledge of some new fact with which the party was not previously acquainted, the retaining becomes wrongful and fraudulent. A takes property belonging to Z out of Z does possession in good faith believe, at the time when he takes it, that the property belongs to himself.A is not guilty of theft; but if A, after discovering his mistake dishonestly appropriates the property to his own use, he is guilty of an offence under Section 403 of dishonest misappropriation of property. Similarly A and B, being joint owners of…

25Oct 2018 by Reese Bannister

Mens rea as a Necessary Element in Criminal Liability (Indian Penal Code, 1860)

Construction

It is one of the principles of the English criminal law that to constitute guilt there must be a guilty intent along with the act itself and that a crime is not committed if the mind of the person doing the act in question be innocent. The maxim governing the above proposition is actus non facit reum, nisi mens sit rea, i.e., the act itself does not constitute guilt unless done with a guilty intent.There must be an intention to do some act before a person can be guilty of crime. In the words of Lord Kenyon “the intent and act must both concur to constitute a crime.” Thus mens rea in the case of murder means malice aforethought; in the case of theft an intention to seal and in…

25Oct 2018 by Reese Bannister

What are the Provisions in the Indian Penal Code for Prevention of or Trafficking in Obscene Publication?

Artists

Prevention of Obscene Publication:The offence with regard to obscenity relates to selling, letting to hire, distributing, publicly exhibiting or in any manner putting into circulation, any obscene book, pamphlet, paper, drawing, painting, representation, figure or any other obscene object whatsoever, or importing or exporting the same, or taking part in or receiving profits from any such business; or selling, letting to hire, distributing, etc., any obscene object to any person under the age of 20 years; or causing annoyance to others by doing any obscene song near any public place. Image Source: siom.ac.cn ADVERTISEMENTS: The offence is punishable with imprisonment for a term extending to three months and/or fine. (Ss. 292-294).Test of Obscenity:Under sub-section (1) of S. 292 a book, pamphlet, paper writing, drawing, painting, representation, figure or any other…

25Oct 2018 by Reese Bannister

6 Important Factors that affect the Process of Negotiation

Emotions

Given its complexity, several factors affect the process of negotiation. We may broadly group them into six—authority, credibility, information, time, and emotional control and communication skills. Image Source: specialistconferences.ltd.uk 1. Authority: The first key factor affecting any negotiation is authority. Negotiation may start with deliberation but to be effective, it has to end up in a conclusion or settlement. For this, both the parties should have the power or authority to conclude the deal. ADVERTISEMENTS: If one party believes that the other party does not have the requisite authority to make a commitment or at least mediate and carry the process forward, he or she may not be keen to come to the negotiating table.If the parties derive their authority from a higher authority, they should know to what extent…

25Oct 2018 by Reese Bannister

7 Types of Business Correspondence that a Business Letter Writer should be well versed

Business Communication

Businesses are of numerous types. They may be big or small, old or new, local or national, public or private, proprietary or partnership, monopolistic or competitive and manufacturing or service units. Image Source: hwritenwrite.comNevertheless, by and large, all these businesses have certain common concerns and approaches within any given business environment. They deal with people internally as well as externally. They have their stakeholders in owners, employees, customers and the community. ADVERTISEMENTS: Businesses are also organized into various functional areas such as personnel, marketing, sales, purchase, accounts, and administration and secretarial. Business letters are of a wide variety and emanate from all these sources.Similarly, people who deal with these businesses also correspond with all these departments at some stage or other. To be able to correspond effectively with all these…

25Oct 2018 by Reese Bannister

8 Most Important Objectives of Business Communication

Business Communication

Objectives of Business Communication are as follows: Image Source: carta.fiu.edu 1. Inform: The first and foremost objective of any communication is to inform. In today’s world, information is power. Communication brings power through information. The dissemination of information covers a wide range of areas, both internal and external. ADVERTISEMENTS: People within the organization have to be kept informed about the organizational goals, objectives, procedures, processes, systems, plans, priorities and strategies. Equally important is the objective of ensuring effective external communication—with customers, prospects, competitors, suppliers and the public, about products, services, plans, happenings, events and achievements.The information needs within the organization take on different nomenclatures—market-related information, product-related information, client-related information, employee information, executive information and management information. 2. Educate: Another objective of communication in an organization is to educate, i.e., to…

25Oct 2018 by Reese Bannister

What are the Methods of Teaching used by the Idealist Teacher?

Teaching

In the educative process, the idealist emphasizes experience rather than nature, the self rather than facts. Therefore, to him education is always the development from within. He regards the classroom as a meeting ground of personalities.By the intercourse in the classroom the less mature self is stimulated to participate in the experience of the more mature self the idealist teacher issues an invitation to the pupils to come and share in the wider and deeper and more interesting experiences and thereby become broader, and deeper “selves”.The method of teaching used by the idealist teacher is not based on logic of facts the main objective of the idealist teacher is to help the student to obtain a deeper insight than what he already possesses, and to realize that behind all his…